RAJSHREE ELECTRICALS & ASSOCIATE PVT. LTD.,BHUBANESWAR vs. ITO, WARD-1(3), BHUBANESWAR
In the result, appeal of the assessee is allowed for statistical purposes
ITA 73/CTK/2018[2014-15]Status: DisposedITAT Cuttack31 Aug 2018AY 2014-15
Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपील सं./Ita No.73/Ctk/2018 ("नधा"रण वष" / Assessment Year :2014-2015) M/S Rajshree Electricals & Vs. Ito, Ward-1(3), Bhubaneswar Associate Private Limited, 1St Floor, Ddl-556, Phase-Ii, Dumduma Housing Board Colony, Dumduma, Bhubaneswar-751019 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aafcr 6010 B (अपीलाथ" /Appellant) (""यथ" / Respondent) .. "नधा"रती क" ओर से /Assessee By : Shri Purna Chandra Mishra, Ar राज"व क" ओर से /Revenue By : Shri Subhendu Dutta, Citdr सुनवाई क" तार"ख / Date Of Hearing : 28/08/2018 घोषणा क" तार"ख/Date Of Pronouncement 31/08/2018 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: This Is An Appeal Filed By The Assessee Against The Order Of Cit(A)- 2, Bhubaneswar, Dated 10.11.2017 Passed In I.T.Appeal No.0187/2016- 17 For The Assessment Year 2014-2015. 2. The Assessee Has Raised The Following Grounds Of Appeal :- 1. That The Ld. Commissioner Income-Tax (Appeals)-2, Bhubaneswar Is Not Justified In Confirming The Addition Of Rs.18,00,000/- Made By The Ao Under The Head Unexplained Share Capital On The Facts & Circumstances Of The Case. 2. That The Ld. Commissioner Of Income-Tax (Appeals)-2 Bhubaneswar Should Have Considered The Written Submission Dt.15.9.2917(Page -9 To 11) Wherein All Details Of Creditor-Director, Smt.Urmila Tripathy I.E. Identity, Genuineness Of Transaction, Creditworthiness Of Financial Strength & Detailed Address With Permanent Account Number Were Given. 3. That The Ld. Commissioner Of Income-Tax (Appeals)-2 Bhubaneswar Should Have Considered The Investment Of Rs.18,00,000/- Made By The Director, Smt. Urmila Tripathy In The Hands Of The Director Instead Of In The Hands Of Assessee-Company In The Light Of Supreme Court’S Decision
For Appellant: Shri Purna Chandra Mishra, ARFor Respondent: Shri Subhendu Dutta, CITDR
Section 143(1)Section 143(2)Section 143(3)
…irector instead of in the hands of assessee-company in the light of Supreme Court’s decision 2 in the case of CIT Vrs. Lovely Exports Pvt. Ltd. (2009) 319 ITR (St.) 5 (para-4) reported in 216 ITr 195 (SC), in the case of CIT Vrs. ASK Brothers Ltd.(2011) vide 333 ITR 111 (Karnataka), 319 ITR (St.) 5 (SC) (Para-6) and 215 ITR 23 (SC) (Para-6) and other various High Courts decisions as all the particulars of creditor was furnished at the CIT appeal hearing stage (vide written submitted at page -11) 4. That the addition of Rs.18,00,000/- confirmed by the ld. CIT(Appeals)-2, Bhubaneswar is illegal, arbitrary and bad…